Legislation

This section is an excerpt from the Ontario Works Act, 1997 prescribed by the Province of Ontario.

Ontario Works Regulations

2. (1) For the purposes of the Act and the regulations, a person is a dependent adult, in relation to an applicant or recipient if,

(a) the applicant or recipient or the spouse included in the applicant’s or recipient’s benefit unit is the person’s parent;

(b) the person resides in the same dwelling place as the applicant or recipient;

(c) the person is 18 years of age or older;

(d) the person is not financially independent as determined under subsection (2); and

(e) the person has not been determined to be a person with a disability under the Ontario Disability Support Program Act, 1997 or a member of a prescribed class under subsection 4 (1) of Ontario Regulation 222/98 (General) made under that Act.

(2) A person is financially independent if,

(a) the person resides with a person who would be his or her spouse if the person were an applicant or recipient or the person has resided with such a spouse at any time in the past;

(b) the person is eligible as a sole support student under the Ontario Student Assistance Program or has been so eligible at any time in the past;

(c) there have been one or more periods totalling at least two years in which any one, or any combination, of the following criteria has been met:,

i.the person’s net monthly income, as determined by the administrator, other than income from support paid to or on behalf of the person, has been greater than the maximum amount of income assistance provided for a single person, or
ii.the person’s basic needs and shelter have been provided for by a source other than the person’s parent or an institution
iii.the person has received social assistance as a recipient, or
iv.the person has not resided in the same dwelling place as his or her parent after his or her 18th birthday;

(c.1) the person is no longer attending school, as defined in subsection 1 (1) of the Education Act, or receiving instruction at home or elsewhere for the purposes of clause 21 (2) (a) of the Education Act and five years have elapsed since the person’s last day of school or since the person ceased to receive instruction at home or elsewhere, as the case may be;

(c.2) the person has received a diploma from a college of applied arts and technology or a degree from a university or other institution with degree-granting authority;

(c.3) the person has lawful custody of his or her child, or has had lawful custody of his or her child in the past;
or

(d) in any month,

i.the person’s assets exceed the maximum amount of assets permitted for a single person under section 38, or
ii.the person’s net monthly income, as determined by the administrator, other than income from support paid to or on behalf of the person, is greater than the maximum amount of income assistance provided for a single person.

Persons Living with Parents

11. (1) A dependent adult is not eligible for income assistance on his or her own behalf.

(2) A person who is a dependent adult or a dependent child and who has a dependent child may apply for income assistance on behalf of the dependent child but is not eligible for income assistance on his or her own behalf.

(3) A person who resides in the same dwelling place as his or her parent is not eligible for income assistance on his or her own behalf unless he or she is financially independent within the meaning of subsection 2 (2).

(4) A person to whom subsection (3) applies and who has a dependent child may apply for income assistance on behalf of the dependent child.

Budgetary Requirements in Other Special Cases

44 (2)The budgetary requirements for an applicant or recipient who is a sole support parent to whom subsection 11 (2) or (4) applies or is a sole support parent who is a dependant under the Ontario Disability Support Program Act, 1997 shall be equal to the sum of the following amounts:

1. An amount for dependants of the dependant determined in accordance with the following Table:

Number of
Dependants of the
Dependant
Maximum Amount
1 $366
2 $419
3 $479
4 $537
5 or more $568

5.Subject to subsection (6), for the month in which the administrator receives an application for a special diet allowance and is satisfied that a member of the benefit unit requires a special diet allowance because of a medical condition set out in Schedule 1 to Ontario Regulation 564/05 (Prescribed Policy Statements) made under the Act and for each succeeding month, up to and including the month in which the administrator requests a new application and a reassessment of the requirement for a special diet allowance, an amount that is the lessor of, for each member of the benefit unit,

i.the sum of the amounts determined by the administrator in accordance with Schedule 1 to Ontario Regulation 564/05, and
ii.$250

6.For the month in which an approved health professional confirms that a dependant of the dependant is pregnant and for each succeeding month up to and including the month in which the pregnancy ends, and subsequently, if the dependant of the dependant is breast-feeding, for each succeeding month up to and including the month in which the infant is 12 months of age, a nutritional allowance equal to,

i.$50, if an approved health professional confirms that the person requires a non-dairy diet, or
ii.$40, otherwise

(3) The budgetary requirements for an applicant or recipient who resides in the same dwelling place as a person who is his or her parent or the parent of his or her spouse included in the benefit unit shall be equal to the sum of the following amounts:

1. An amount determined in accordance with the following Table:

Basic Needs Rate Table
No. of
dependants
other than a
spouse
Dependants
18 years or older
Dependants
0 – 17 years
Recipient Recipient
and spouse
0 0 0 $343 $494
1 0
1
1
0
$360
$623
$494
$652
2 0
1
2
2
1
0
$360
$623
$781
$494
$652
$826
For each additional dependant:
add $175 if the dependant is 18 years of age or older,
or $0 if the dependant is 0-17 years of age.

 

3.For the month in which an approved health professional confirms that a member of the benefit unit requires a special diet because of a medical condition set out in Schedule 1 to Ontario Regulation 564/05 and specifies the medical condition and for each succeeding month, up to and including the month in which the administrator requires reconfirmation of the requirement for a special diet, an amount that is the lesser of, for each member of the benefit unit,i.the sum of the amounts determined by the administrator in accordance with Schedule 1 to Ontario Regulation 564/05, and
ii.$250

4.$71 (Special Boarder Allowance).
5.For the month in which an approved health professional confirms that a member of the benefit unit is pregnant and for each succeeding month up to and including the month in which the pregnancy ends, and subsequently, if the member of the benefit unit is breast-feeding, for each succeeding month up to and including the month in which the infant is 12 months of age, a nutritional allowance equal to,

i.$50, if an approved health professional confirms that the pregnant person requires a non-dairy diet, or
ii.$40, otherwise

(4) The budgetary requirements set out in subsection (3) do not apply to a person who is an applicant or recipient if he or she meets any one of the following criteria:

1.The parent with whom the person is living is in receipt of a payment under Part II of the Old Age Security Act (Canada) or a payment under the Ontario Guaranteed Annual Income Act.
2.The person, or the spouse of the person, rents or owns the dwelling place in which he or she and the parent reside.
3.The person establishes to the satisfaction of the administrator that he or she, or his or her spouse, has a legal obligation to pay or to contribute to one or more of the elements of shelter cost set out in paragraphs 1 to 10 of the definition of “shelter” in subsection 42 (1) for the dwelling place.
4.The person establishes to the satisfaction of the administrator that he or she is required by the parent to pay for shelter in order to continue to reside in the dwelling place of the parent. O. Reg. 383/05, s. 2 (2).

(5) Despite the determination that a person is financially independent within the meaning of subsection 2 (2), the person may elect to be considered not financially independent if he or she would, but for his or her election under this subsection, have his or her budgetary requirements determined under subsection (3).

Highlights

An applicant, over the age of 18 years of age, living in the home of his or her parents or the home of the parents of his or her spouse, will have eligibility for social assistance and the calculation of budgetary requirements based on whether:

  • he or she meets the requirements of financial independence, and
  • he or she meets an exception to the “living with parents” rule.

Applicants who are living with their parents are eligible for assistance in their own right if they are determined to be financially independent and are in financial need.

Determining Financial Independence

A determination of whether a person is financially independent is completed for all applicants 18 years of age and older who are living with their parents.

An applicant is determined to be financially independent if one or more of the following criteria is met:

  • he or she resides with a spouse or have resided with a spouse at any time in the past;
  • he or she is eligible as a sole support student (i.e. is self-supporting or independent) under the Ontario Student Assistance Program (OSAP) or have been so eligible at any time in the past;
  • there has been a cumulative period of at least two years in which one, or any combination of the following has occurred: ◦he or she has had a monthly income, other than child support, that is greater than the maximum income assistance for a single person;
    • his or her basic needs and shelter have been provided by a source other than his or her parent(s) or an institution;
    • he or she has received social assistance separate from his or her parent(s); or
    • he or she has lived away from the parental home after his or her 18th birthday.
  • a period of five years has passed since he or she ceased attending secondary school or receiving satisfactory instruction at home;
  • he or she has received a degree from a degree granting institution (i.e., university) or a diploma from a college of applied arts and technology; or
  • he or she is a parent who has, or has had, custody of their child.

Acceptable Documentation That Will Help Determine Financial Independence

  • Record of Employment (ROE), pay stubs, letters from employers, OSAP Assessment Summary, tax returns etc. or
  • Where independent verification is not available, self-declaration is acceptable.

If Financial Independence HAS NOT Been Met:

Calculating Assistance For Dependent Adults

An applicant or participant over 18 years is considered a “dependent adult” if:

  • he or she resides with his or her parent or with the parents of his or her spouse: and,
  • he or she does not meet the requirements of financial independence.

Dependent adults have no eligibility in their own right. Eligibility for social assistance depends on his or her parent’s eligibility.

If parents are not in receipt of social assistance

(or, are not eligible for social assistance)

  • the dependent child is not eligible.

If parents are in receipt of social assistance

  • the dependent child is added to the parental benefit unit.

If Financial Independence HAS Been Met

Calculating Assistance For Financially Independent Adults

If no exception to “living with parents” rule exists, financially independent applicants or participants residing with parents receive Basic Needs plus $71. An applicant or participant may be eligible for assistance with the costs of a special diet, if approved by a health professional, up to the maximum of $250. There may also be eligibility for a pregnancy nutritional/breastfeeding allowance.

Financially independent adults living with parents who meet one or more the exceptions to the “living with parents” rule will have their budgetary requirements determined according to family size and actual shelter costs. Budgetary amounts will be based on sections 41 and 42 (2) or section 44 (1) of the regulations, as appropriate.

Election Provision

A person who has been determined to be financially independent may elect to have their budgetary requirements determined as a dependent adult.

If the financially independent adult elects to have their budgetary requirements determined as a dependent adult, they will be included in the parental benefit unit if the parents are in receipt of assistance.

Participation Requirements

Dependent adults are required to participate in Ontario Works (OW). A Participation Agreement (PA) is to be completed as per current practices.